Blackwilder v. Loveless
Supreme Court of Alabama
Erbok to tbo Chancery Court of Chambers. Heard before the lion. W. W. MASON. This was a bill for a specific performance, by tbe defendant in error against tbe plaintiff in error.
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Erbok to tbo Chancery Court of Chambers. Heard before the lion. W. W. MASON. This was a bill for a specific performance, by tbe defendant in error against tbe plaintiff in error. It alleges, that, a controversy existing between tbe parties respecting the title and right of possession to a tract of land, known as the south west quarter of section eighteen, township twenty-two, range twenty-five, in Chambers county, plaintiff below sued Black-wilder in an action of unlawful detainer, before a justice of the peace, and recovered a judgment for the possession; that thereupon said defendant in the…
1Opinion of the CourtChilton, J.
— It is said, the enforcement of the specific execution of contracts in a court of equity, is not matter of right in either party; but it is a matter of discretion in the court; not, indeed, of arbitrary or capricious discretion, dependent upon the mere pleasure of the judge, but of that sound and reasonable discretion, which governs itself, as far as it may, by general rules and principles; but, at the same time, withholds or grants relief, according to the circumstances of each particular case, when these rules will not furnish any exact measure of justice between the parties. 2 Story’s Eq.…
2Cited by10 opinions
- Knox v. SprattSupreme Court of Florida · 1887
- General Securities Corporation v. WeltonSupreme Court of Alabama · 1931
- Gentry v. RogersSupreme Court of Alabama · 1867
- Rose v. HendersonSupreme Court of Florida · 1912
- Johnson v. Ohio River RailroadWest Virginia Supreme Court · 1906
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